Know Your Judge: Citizen Input on District/County Judges

On this page, Clear The Bench Colorado has collected comments and input from citizens across the state on judges in district and county courts.

Unless specifically noted, publication of any comments or recommendation on district or county court judges does NOT imply a recommendation by Clear The Bench Colorado; unfortunately, we have not had the resources (either funding or time) to review each of the 134 judges on this year’s ballot. Unless we receive compelling, documented evidence, CTBC takes no official position on any of the 100+ district and county court judges seeking retention this year.

CTBC has simply organized the comments received, by judicial district, as they have come in, as a community service to the hundreds of people who have called, E-mailed, Facebooked, or Tweeted asking for more information on their local judges as an alternative to the thoroughly discredited rubber-stamp “retain” recommendations purveyed by the “Blue Book”

Anyone wishing to comment on any judges on this year’s ballot is welcome to submit comments and responsible, documented articles of reasonable length (please, no rants or diatribes) as comments on this page or to our Sound Off! page.

I have had personal experience with two Jeffco judges. Unfortunately, Judge Oeffler is not up for retention and will continue to overstep her boundaries as a judge, IMHO.

On the other hand, I find that Judge Munsinger is respectful, patient, fair, and that he will follow the rule of law. Once again, IMHO, I urge Jeffco voters to vote “yes” on Judge Munsinger. My personal experience suggests that Judge Munsinger is a proponent of transparency and the rule of law – enough said.

I was flabbergasted when I saw that the Bluebook recommended a retain vote for Judge Stephen M Munsinger of Jefferson County District Court! Our homeowner’s association had a terrible experience with Judge Munsinger. He may be okay on criminal cases but he is a terrible judge on civil law cases. He either cannot read the plain English of a civil law statute and determine what it says, OR he has already made up his mind and deliberately just totally disregards it. He was extremely rude, arrogant, insolent and short tempered to our Counsel and gave him no time at all to call our witnesses after the cross examination of our opponents. He also demanded thousands of personal emails from Directors and general Members of the association that had no bearing, or anything to do with Board of Director actions, a GROSS invasion of privacy. PLEASE, PLEASE VOTE NO ON THE RETENTION OF Judge Stephen Munsinger. He favors prosecution, and you will not be happy ending up in his court.

Judge Munsinger is an excellant judge. Recently he gave our community a chance to defend ourselves against tyrannical HOA and agressive law firms taking over neighborhoods for profit. Final decision has not been ruled yet, but at least he listened and gave homeowners a chance to be heard. Anita

In 31 years as a lawyer, I have never publically advocated voting “NO” (do not retain) on any judge. However, I have never seen a judge as arrogant, uncaring, ignorant of the law and vicious as Judge C. Jean Stewart.

I have spoken to other attorneys and it is clear from their comments that my client’s case is not the only one in which Judge Stewart has arrogantly ignored the law and the facts and done incalculable harm to those she is charged with protecting. Those attorneys are unable to speak out publically for they still practice law before her. They cannot take the chance that she will punish their existing or future clients for their comments. I no longer run that riskfor I am retired from the practice of law.

It is not only the disabled who are at risk before Judge Stewart. Our elderly in Denver are also at risk due to Judge Stewart. Judge Stewart is the Presiding Judge of the Denver Probate Court. In her capacity as Presiding Judge, she is directly responsible for the incredible and consistent failures of Denver’s Probate Court to protect our elderly from rapacious guardians and conservators. The Denver Post recently investigated the Denver Probate Court (February 2010). The Post’s expose of the Denver Probate Court can be found at: http://www.denverpost.com/news/ci_14442041.
In view of these facts, I strongly urge you to vote “NO” on Judge C. Jean Stewart, Denver Probate Court. We can AND MUST do better than Judge C. Jean Stewart. [Patricia Finley]

Vote “NO” on JUDGE C. JEAN STEWART, DENVER PROBATE COURT

Numerous articles describe why Judge Stewart should NOT be retained, however, and very little has changed since these reports were released.

Additionally, I have an input regarding one of the judges in the 4th Judicial District here in Colorado Springs based on my juror duty in a 2008 murder trial where Judge David A. Gilbert presided. During my week experience in Judge Gilbert’s court, I found him to be professional, fair, unbiased, and knowledgable of the law. Moreover, during the jury selection and trial, he showed a great deal of patience and understanding with the attorneys on both sides, as well as with us jurors, many of whom had never been jurors before, including me. Accordingly, I recommend that Judge David A. Gilbert be RETAINED and urge a YES vote.

Today, the Judicial Performance Commission has shown itself to be a joke which will ultimately be proven this November. Blair and Gilmore, prosecutors turned judges, withheld evidence and cost Mr. Masters 10 years of his life; left the taxpayers $10,000,000 dollars short and left Colorado with an unsolved murder. Even more despicable was after taunting Tim’s family by raising their fists in victory; they refuse now to offer an apology. Yet the JPC gave them both rave reviews equivalent to Oscar nominations. The weakness in the JPC, as exemplified by X Supreme Court Justice Jean Dubofsky, ( http://law2.fordham.edu/publications/articles/400flspub8522.pdf )
is it’s failure to be transparent, political subversions of despotic power and refusal to take public comment into account. It is nothing more than a country club where accolades are embellished on the board members in an effort to make the palace shine from the outside. The reviews for Supreme Court Justices Rice, Martinez and “Bend-Me-Over” Bender are no different than for Blair and Gilmore.

NINTH JUDICIAL DISTRICT (Garfield, Pitkin, Rio Blanco Counties)

No comments yet received on judges in this district.

TENTH JUDICIAL DISTRICT (Pueblo County)

Judges in Pueblo need to be removed. Especially Judge Crockenberg, Judge Rayes, and Judge Mayes. Many judges in colorado come out of the law firm of Peterson and Fonda. The politics is all criminal with these men. We can’t get a fair trial when these judges are criminally linked to protect their friends. Judge Crockenberg refused to allow to me discovery in a rape case and Judge Rayes backed him up, as did the appeals and supreme court. The doctor had been molesting and raping women for years and women were afraid to stand up. He is a registered sex molester now and everyone who stood up to him is afraid. Judges don’t back up women. Clear the court in Denver. Then clear the court in Pueblo.

In years of working as an attorney, I have had the opportunity to observe the performance of many of the judges in the 18th judicial district. Only one of the judges on the ballot this year is worth keeping: Judge Richard B. Caschette, who has impressed me as fair, knowledgeable, and impartial in applying the law. Vote YES on Judge Richard Caschette, and vote no on the remaining judges on the ballot this year.

Agape VS Agape Case # 2009CV2425

My wife and I own a local roofing company, Agape Construction & Roofing, we have been in business in Colorado for 19 years. We obtained a trademark for our business in Feb 2006. Last year a company with the same name entered out market and created confusion with our customer base as to who was who. The other Agape was taking our customers away from us. Storm chaser from Tulsa Oklahoma.

We hired legal counsel to force this other company from the state. Jesse Crow, the owner of the other “Agape” did not respone to the legal demands to leave the state so we had to sue in civil court. Arapahoe County Judge “Carlos Armando Samour Jr”
made my wife and I pay for all of our attorney fees and made us pay for his too. 40K-50K in legal fees so far. The case was presented to him (Carlos) and he made his ruling within a day or to, he did not read the case. Trademark laws prevent this from happening to companies like us.

Vote this Judge out, ( “Carlos Armando Samour Jr “) he is young and making bad mistakes already!!!!

Karl Burgeson
Agape Construction & Roofing

NINETEENTH JUDICIAL DISTRICT (Weld County)

I’ve worked in the law enforcement community for several years in Weld County. We have some good judges, some bad, and some in-between. For District judge, vote Yes on Daniel Maus and Thomas Quammen; for County judge, vote Yes on Michele Meyer.

Weld County judge Charles Unfug is an awful judge who should not be retained – vote No on Judge Unfug.

I am writing today because I am outraged, aggravated and annoyed still about something that happened 5 months ago. In 2009 my ex-husband managed to get 2 DUIs, his fourth and fifth in his lifetime. When I went to court to see if someone was FINALLY going to do something with this man, I was appalled to see my ex-husband show up DRUNK at court. I was able to briefly speak to the judge and let him know he previously drove with our children while he was drunk and that he would not stop drinking unless he was forced to. Judge Walker’s response? “That’s bad form, Mr. Lawson” I was told that he would not be sentenced that day because he was inebriated, and I was invited back to speak again on the day of his sentencing. I was all prepared to go to court and then I got a call a few days before court stating that he was sentenced to TEN days of work release, that he was sentenced incorrectly, that the DA had dropped the ball, and that the judge was REFUSING to re-sentence him. In fact, when the DA asked Judge Walker to re-sentence, his response was “While it is clearly a windfall for Mr. Lawson, I will not re-sentence him.” This man got a total of TEN days of work release for 2 DUIs. He went back to work release drunk, the judge refused to do anything. I contacted MADD because I was furious, and they know all too well about Judge Walker, apparently he is infamous for letting these idiots go. I am mad as hell, and I am telling everyone who will listen not to vote this Liberal, bleeding heart, unable to do his job Judge back in for another four years.

Where can I find out what my judges stand for? How they ruled in various cases? Whether or not they support things that are important to me? I really don’t want one persons opinion, I want to know facts.

Obviously, the attorney asking for a Caschette vote was involved in a Family Law matter. Please notice that the bio written on Caschette is that he had no experience in Family Law, which was obvious in my case in 2009.
Please Judge Caschette, sort out the details fairly. Just because I didn’t have a Masters Degree in Finance and my former spouse did, does not give you the right to push my case through because it was very difficult to understand. My former spouse and his attorney created so many smoke screens and chaos with the family owned business that it made your head swim.
And yes, unfortureately, my 3rd Attorney, ended up being a joke since she was friends with opposing Counsel more than she should have been. My vote will be no.

Donna –
the judges don’t list party affiliation; they are supposed to be non-partisan.
However, it IS possible to find out when they were appointed, and figure out who was governor that year.

Personally, I’ve not found that a reliable indicator, since some good judges were appointed by Democrats, and some bad ones appointed by Republicans – but if you are looking for a partisan label, that’s about as close as you’re going to get.

I recommend to retain any “uncertain” judges as thier record probably does not provide enough information to make a decision at this time – might as well let them make some more rulings to put on thier record so we can decide later.

I think when we clear the benches of the “partisan” judges – a LOUD message will be sent to the rest of them to get there act together and make thier decisions based on “non-partisan” facts and “interpretation” of the existing law – or they will be on the chopping block in the next election.

Probably a better response would be to leave that space blank; why buy the proverbial “pig in a poke?”
That will also send a message – without getting rid of any good judges, who will end up being retained.

Clearly, this Patricia Finely did not get the outcome she so desired. Completely looks like a witch hunt for Judge Stewart. Maybe, there is a reason Ms. Finely is no long practcing law….she is too busy with her friends at the news!

Perhaps – or perhaps she has a point.
I’ve noted that many of the people attacking those who comment on what they perceive to be negative performance by judges throw around the “they just didn’t like the outcome” characterization.
Sometimes that may be the case – but often, when a pattern emerges, there’s some fire causing the smoke…

I recall a little 8 year old guardian child who was ordered to be taken from our home by Judge Stewart. She heard evidence he was attached strongly, yet sent deputies to our home to rip him from our home because we disagreed with the plan for his adoption, and felt he should be adopted by a family to whom he was attached, not strangers. I will never forget her saying to me “Go home and get him packed and act like it is any other day.” She never had to see his absolute panic and fear, as he danced from one foot to the other, begging us in screaming sobs, “Please, I don’t want to go!” He was drug out the door angrily and thrown in the back seat of an attorney’s car, where he bounced around in terror, still screaming, and was driven away. Please remember, he was not removed due to any abuse or neglect – that was the opposite, as he was so loved here,he wanted to remain or go home to the mother who raised him most of his life – but was removed in that terrible, torturous manner because the attorney wanted ‘help’ to get him and send him to strangers. The damage to that child was amazing. No one could convince him he isn’t going to be snatched by strangers yet again. Yet, Judge Stuart ordered us to let him be abused by her order and ‘act like it is a perfectly normal day.” Amazing. We have sent many foster children to adoptive parents even when we don’t agree with the adoptive parents picked for the children. We have good-bye and Happy Going Home parties for them, and send them out the door with smiles on their faces, while we support their adoption. How simple that would have been in this case. I tried to stand up in court and ask for that, but Judge Stewart basically told me to listen to HER; she would not listen to me. Therefore, a small boy was permanently damaged. Shame on her – shame on her -

I am facing a 10 day jail sentence for failure to pay a small claims judgement. I am the mother of 2, not employed outside of my home and rely on my husbands small income to get our family through. I was recently in Magistrate Sara Law’s courtroom who made changes to an existing judgment to be able to throw me into jail, and then gave me a 10 day jail sentence for failure to pay. She was unable to prove my income and in fact didn’t even ask me about it, she only asked me one question ” is your husband employed?” bam, you’re going to jail..!!
She didn’t review his income or anything, she just assumed that his income was mine, even though we are low income…

I have been going through the family court system in Douglas county for the past three years. I can say that I have been in front of 2 judges and 2 magistrates. Judges Cashette and Cross are knowledgeable and fair. Cross is nice, but also tends to give a lot of financial breaks for noncustodial parents, however I truly believe he cares about all who come in front of him, with best interest of the child in min. Cashette is up for retention. He is a no nonsense guy who seems to know the law very well. He doesn’t seem to emotional, which can be a great quality for a judge. I would consider both judges as fair and equitable.
My complaints are with the two magistrates I encountered. The first is Findorff. She lacks legal knowledge and did things right off the bat to screw up our case and increase attorney fees for both sides. She declared first hand knowledge as hearsay which the attorneys in case agree it wasn’t. She insisted on writing the stipulated temp orders herself while hearing the case and “forgot” to write in the amount of child support stipulated to (creating a headache for both sides). I have discussed this case with a number of lawyers and they think she’s an idiot. My second complaint is against Beth Dumler. She differed findings from Cross, although they had already been heard and ordered. She stated that a father, who has spent a total of 18 hours with his four year old, made four times, the income of the mother during the child’s first year, and currently makes twice the income of the mother, and who refused to pay any amount of child support for 18 months, and the rest, grossly underpaid based on misrepresentation of income, has no responsibility to do so. Thus, a parent can have the ability to pay child support and not and then when the time comes, argue it would be an undue hardship, negating the fact that the mother is in debt due to the expenses of day care, shelter, and food while the other parent chose to not help at all. How do we remove magistrates who so not know the law and make unfair and biased decisions?

No recommendations are found here for all the judges I have to vote for: Coats of the Colo. Supreme Court; olo. court of Appeals Booras, casebolt, Graham, Miller, Taubman, Webb; 19th Judicial Dist. Harmann, Strobel, Taylor, Tuttle. Where can I find evaluations on these people?

What should you know about Magistrate Beth Elliott-Dumler? DETRIMENTAL! She will ruin your family beyond repair. She is easily fooled, extremely arrogant, and doesn’t think twice about leaving helpless children to fend for themselves against an abusive parent.

A young girl that has a long history of being physically and mentally abused by one of her parents finally had enough courage to report the abuse to her counselor. The counselor reported the abusive parent to Douglas County CPS and a child abuse case was opened.

AFTER (notice the word “AFTER”!) the case was opened against the abusive parent, the abusive parent did every despicable thing imaginable to derail the child abuse case by proceeding to make up lie after lie after lie about this young girl, her siblings and the other parent by making false reports to police, district attorneys, CPS, counselors, schools, doctors, etc. (lies including the daughter (that weighs under 100 pounds!) was the one that regularly beat up the abusive parent and the abusive parent was only defending, the other children participated in nude photos with the other parent, the other parent was a pedophile, possessed child pornography including pictures of molesting the other children, that the other parent raped the abusive parent, raped the daughter, raped a niece, and so on… the abusive parent is fearless and will say anything to switch the focus of the case to anyone else, including children). CPS is frightened and bullied by the abusive parent and even reported being threatened by the abusive parent to Magistrate Beth Elliott-Dumler, who did nothing about it.

CPS was able to get the abusive parent to a better mental condition through intense counseling and regular supervision and ultimately recommended 50/50 custody but Magistrate Beth Elliott-Dumler completely disregarded CPS’s recommendation and awarded the abusive parent sole custody.

What is Magistrate Beth Elliott-Dumler’s reason for disregarding CPS’s recommendation? Because she became irate when the other parent didn’t follow the parenting time exactly and charged the other parent with “boundary issues”, of all things…

Now that CPS is out of the picture, the abusive parent has relapsed and is reoffending and abusing other children in the [X] family now. Magistrate Beth Elliott-Dumler dishonored these children by ignoring the facts and acting arrogantly and impulsively to her rage. It has been reported to Magistrate Beth Elliott-Dumler that the abusive parent is reoffending, aggressive and violent and that it’s only a matter of time before something even more horrific happens to the [X] family, but she continues to do nothing.

Judge Cross, Judge Findorff, Judge Bowling, Judge Arkin, and Judge Spear have all quickly been able to see through the abusive parent’s deceptions, but not Magistrate Beth Elliott-Dumler – she is easily derailed from the facts and her arrogance overpowers good judgment and dictates her orders. The harm she has done to the [X] family is immeasurable. If you are assigned Magistrate Beth Elliott-Dumler, be afraid… be very, very afraid!

BILL CAMPBELL, JDC
A judge lying to justify a court order is not misconduct.
I am not going to stop what I am doing to look up the rules the state pays me over $100,000/yr to enforce.
I am not saying whether I dispute it or not.

JIM COYLE, OARC
We have developed a gold standard telephone intake for attorney complaints.
I will not discuss your attorney complaint on the phone.
We have a statement from a judge supporting our position but you don’t get to see it.

MATT SAMUELSON
I am not giving you any opinion on attorney or magistrate misconduct, I am not discussing your complaint on the phone.

GLEASON, OARC
I am not going provide evidence that our office didn’t falsify a statement by a judge because an appeals decision says I don’t have to.

KENT WAGNER, JPC
My opinion on judicial performance of a Chief judge is irrelevant. I am not answering that question or offering my opinion.

CAROL HALLER (SCAO)
There is no evidence of a dishonesty problem.
Q: Which of my claims are you disputing? A: No Comment

DAVID STARK, OARC
Q: Which of my specific claims are you disputing? A: No Comment.
Q: Do you agree with Louise Smith that a lawyer drafting a court order for a judge to lie about a $50,000 math error is ethical? A: No Comment, or this is proper.
Q: Did you violate rules of the OARC committee you are chair of? A: No comment.

FEDERICO ALVAREZ, JDC
It is appropriate for a judge to refuse comment on dishonesty by a judge or lawyer.
Only OARC judges (e.g. Lucero) can comment on attorney dishonesty.
Q: Where did you get your opinion that ignoring misconduct is appropriate? A: No Comment.

WILLIAM LUCERO, OARC JUDGE
I will not comment on attorney dishonesty, e.g. what Alvarez told you is wrong.

ROXANNE BAILIN (out of one side of her mouth) I am always concerned the judges here perform properly, (apparently out of the other) Dealing with dishonest judges is just not how I handle things.

MARIA BERKENKOTTER and THOMAS MULVAHILL
Q: Did your magistrate lie or violate the rules, and which of my 20 claims are you disputing? A: No Comment.

MAG. ELIZABETH BRODSKY
Discussing dishonesty by judges and lawyers is not an appropriate use of my time.

PATRICK BUTLER
Q: Did you misinterpret the rules? A: No Comment.

RUSSELL CARPARELLI, APPEALS COURT
Everyone on my panel agreed the judiciary needs to be more transparent.
Q: Do you agree with the ABA on the importance of self-regulation of integrity?
A: This question is unwanted and inappropriate.

DUNN/LICHTENSTEIN/NEY, APPEALS COURT
Q: You said the there was no evidence the magistrate had been dishonest, but you did not refer to her statements in the transcript. What exactly are you disputing? A: No Comment
Q: Will you agree to the same standard of truth required of any litigant?
A: Denied

TERRY/FURMAN/CASEBOLT, APPEALS COURT
Q: You stated I had filed many ex parte letters to various judges but did not identify a single letter. Which ex parte letters are you referring to? A: No Comment.
Q: In the order on appeal Judge Klein falsely stated I had filed 4 ex parte letters to Judge Montgomery. Wouldn’t false statements void a court order and earn discipline? A: No Comment.
Q: The bulk of the statements in your background attributed to the judge were actually written by opposing council who has a pattern of attempting to mislead the court described by the BCBA as serious and egregious. Are you comfortable with using false statements written by an unethical attorney to justify an appeal opinion?
A: No comment.

GREG HOBBS, SUPREME COURT
Q: It looks like you misinterpreted the rules on self-regulation under CJC 2.15. Did you?
A: No Comment.
Q: Do you agree with the ABA that failure to respond to attorney misconduct is a disservice to the public and the legal profession, or do you agree with Federico Alvarez that it is appropriate?
A: No Comment.
Q: Does it bother you that judges in other states have been publicly reprimanded for actions that our JDC has completely dismissed?
A: No Comment.

HOBBS (out of one side of his mouth) Justices are responsible for governing the judicial branch.
HOBBS (apparently out of the other side of his mouth) I have no role (governing the judicial branch), in effect as well as disagreeing with myself I also disagree with Michael Bender on this issue.
——————————————-
EMAILS FROM HOBBS
On Tue, 11/12/13, hobbs, gregory
Dear Mr. Greene,

Again I request that you take me off your e mail list and don’t send me any more letters. I left you a phone message some time ago that your allegations are matters, if they have any merit, within the province of the Judicial Discipline Commission and in cases you actually litigate and appeal. I told you I have no role in judging them or answering your continued allegations and demands for responses and your insinuations about those who do not respond.
Best regards, Greg Hobbs
—————
Dear Mr. Greene,
I will be deleting your letters from now on, including this one. I don’t know how to reiterate that these allegations belong, if anywhere, in the purview of the Judicial Discipline Commission. I don’t have any role in commenting on matters involved with the personal litigation of yours that has set off this string of e mails. Best regards, Greg Hobbs
————————–
We currently have in the judicial branch ongoing training for judges in all matters of procedure, substance of both criminal and civil law as well as judicial ethics and procedural fairness. I will continue to devote my attention to helping in these areas and in deciding cases that come before us. Looking at the draft letters you propose me to send, I will not be doing that. I am responsible for reporting any misconduct I observe. I will not be sending letters on your behalf regarding matters involved in your litigation. Best regards. Greg Hobbs
—————————————–
Dear Mr. Greene,

I have personal experience with the reporting requirements of 2.15 of the Colorado Code of Judicial Conduct as I have previously reported to the Discipline Commission an instance–based on personal observation of the judicial officer involved–that I believed warranted investigation. The instances of judicial misconduct you allege arising
from litigation you are involved in are not matters of personal observation that I am competent to report. They are allegations of misconduct of yours that you are free to report to the disciplinary authorities. I am under no duty to investigate the matters you allege, you can pursue that with the Discipline Commission, that’s its role.

I ask you, please, to refrain from sending me any further ex parte communications involving litigation matters in which you are personally involved.

EIGHTEENTH JUDICIAL DISTRICT (Arapahoe, Douglas, Elbert, Lincoln Counties)
Chief Judge William Sylvester punishes incompetent Judge by sending him to the citizens of Douglas County. This Judge was removed from the Criminal Court in Arapahoe County and sent to Domestic Court in Douglas County. Judge Spears is a complete idiot! His lack of knowledge with regards to not only domestic law but the law in general is a disgrace. His inability to discern fact from argument shameful. His court room is a joke and his blatant bias is so apparent it is ridiculous. His orders are sloppy and are unsupported by not only fact but law. He exercises complete abuse of his “discretion” and lack of justification for his decisions. I have spoken to numerous attorneys who have all had the unfortunate experience to appear before this incompetent idiot and they are all equally disgusted by his performance. How is this man or anyone else allowed to be in a position so critical to the lives of the people forced to appear before him with no recourse, keep his job. Does anyone oversee the performance of these people? It is a shame that any individual damaged by this Judge’s ruling is forced to spend more of their own money to seek a just and correct ruling from the Court of Appeals. A word of advice to anyone who resides in Douglas County, don’t risk having your case heard by Judge Spears, file your case in Denver County!

I am letting CTBC know of our experience with 11th Circuit Court Judge Groome. Judge Groome will side with the DA most of the time, especially when a teenager claims abuse. According to CPS, the Sheriff’s office and the DA’s office apparently believe that ‘children don’t lie’. He has sided with the DA’s office to refuse testimony that would prove the accuser has claimed abuse in the past, to get what she wants. I always thought that the Judicial system, Judges especially, were wanting the TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. I now know I was greatly mistaken. What a shame our judicial system wants anything but the TRUTH. Just know, this could happen to you! DO NOT VOTE TO REELECT JUDGE GROOME! By the way, as an attorney his specialty was in real estate.

I have been fighting the unconstitutional foreclosure laws here in Colorado for several years now.

In 2006, HB 1387 was passed. It was drafted by foreclosure mill attorneys Larry Castle and Robert Hopp in order to make it easier to foreclose on homeowners in Colorado. The bill eliminated the standard of proof required of the lender to prove that the lender was the real party in interest with standing to foreclose. The bill forced homeowners into a rule 120 proceeding, where homeowners lost their right to appeal, their right to a jury trial, their right to a counterclaim, their right to discovery, and the real party of interest defense (Goodwin v. District Court) was effectively muted. This bill is in direct violation of Section 1 of the 14th Amendment of the U.S. Constitution, which states; “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

I took my foreclosure case to Federal Court Civil Action No 12-cv-02716 where I questioned the Constitutionality of the Rule 120 proceeding. I received the first TRO/Preliminary Injunction in the Federal Court on a State matter (foreclosure). I felt Judge William Martinez was fair. Eventually he dismissed my case based on standing (due to a previous bankruptcy). He never attacked the merits of my case.

I was sent to the District Court under JUDGE CHARLES PRATT for a supposed judicial foreclosure. Case 2013-CV-825. What I got there was a far stretch from any sort of due process or justice. Time after time, everything I filed was summarily ignored. The opposition’s pleadings were quoted and adhered to. Now I must take his rulings to a higher court and seek an appeal.

ISSUES TO BE RAISED ON APPEAL

1. Whether the Judgment of the Court which concluded that Defendant’s claims should be dismissed on grounds that she was not the Real Party in Interest because she failed to list her pre petition causes of action as assets of the bankruptcy estate, and alternatively whether Defendant had stated a claim against the parties?

2. Whether the Civil Access Pilot Program (CAPP) was Appropriately Applied to the foreclosure Action?

3. Whether US Bank N.A. as trustee on behalf of the “Trust” had to register as “a debt collector?

4. Whether US Bank as trustee of the Trust, and therefore the Trust was required to comply with the provisions of a holder in due course in order to foreclose? CLINTON GEORG and FREESTYLE SPORTS MARKETING, INC., v. METRO FIXTURES CONTRACTORS, INC No. 07SC26; Deutsche Bank vs Samora 2013 COA 81.

5. Whether Larry Castle was properly served in this action?

6. Whether Defendants claims against US Bank N.A., MERS, LARRY CASTLE which included conspiracy were properly dismissed for failure to state a claim?

7. Whether the trial court erred in showing judicial bias against Defendant in both the conduct of the case and the rulings on the Pleadings by appearing to condone Defendant’s fraud on the court?

8. Whether the Doctrine of a Continuing tort tolled the statute of limitation with respect to the violation of the Fair Debt Collection Act, when the tort involved the Colorado non judicial foreclosure Act and proceeding in the Rule 120 which was procedurally and substantively unconstitutional when §38-38-101 was amended by Larry Castle with the Assistance of Robert J. Hopp (who is now in Bankruptcy) MERS, and the Castle Law Group?

9. Whether Colorado should adopt the reasoning in GLASKI v. BANK OF AMERICA NATIONAL ASSOCIATION, F064556, July 31, 2013?

10. Whether Judge Pratt could disallow defendant’s Homestead Exemption which the bankruptcy court had specifically granted her the exemption?

11. Whether any excess proceeds of the sale after distribution to all designated parties could be held by the court instead of given to defendant?

12. Whether Defendant should have been allowed to have an expert examine the Promissory Note to determine whether it was a forgery as she had expressly requested on December 9th, 2013 in court before dismissing the case.

13. Whether an assignment of the Deed of Trust and Promissory Note can be challenged under the “Spurious Document” statute (CRCP 105.1)?

I have heard from many people that have had JUDGE CHARLES PRATT that he likes to give the “appearance” of being fair and willing to look at both sides. What they all encountered, as an END RESULT is something altogether. No matter what is submitted, JUDGE CHARLES PRATT sides in the favor of the banks and lawfirms representing them.

Essentially JUDGE CHARLES PRATT ruled against Peter Coulter using a FORGED contract! How can you enforce a forged contract? Not to mention missing court records on the case and the general ignoring of statutory rules. Peter Coulter asked JUDGE CHARLES PRATT to recuse himself, but JUDGE CHARLES PRATT flatly refused.

What are we to do when a judge signs an oath of office to uphold the Constitution of the United States of America, the supreme law of the land….and ignores it time and time again?

A state statute should NOT be given more power than the Constitution. Our judicial system was created for the people, of the people, and by the people. We need judges that care about the PEOPLE of Colorado and their Constitutional rights!

I feel JUDGE CHARLES PRATT is bias and prejudicial against homeowners in Colorado. I will be actively involved in opposing his retention.

If you have any stories about JUDGE CHARLES PRATT, please feel free to contact me.

I’ve been able to see the injustice in the Larimer County Courts first hand. Judge Julie Fields of Larimer County has taken a child from his Mother, although this Mother has done NOTHING WRONG!! Not even a speeding ticket, and gave full custody to the father. A father who has not been in the child’s life… at all! All because this Mother was helping the citizens of this State, and warning of corruption!!!! Our Courts are a flaming mess, to anyone bothering to look. I’ve watched magistrates giving rulings, without authority. How Far We Have Fallen as A Nation!

I have been in court with Mark McDonnell 1 time in Crowley County. I remember the name Shirley Wise being in the court. I’ve been in court with Doug Manley a few times and Michael Schiferl a few times. In my experience and opinion, Schiferl and Manley are so damn dirty and corrupt that they are an insult to the American flag and the Nation of USA. Disgusting processes on the 16th judicial district. Business profits seem to be their main objectives.

Is there anything that can be done about Magistrate BETH ELLIOTT-DUMLER’s ruling on my sister’s denied motion for attorney fees? This particular Magistrate has been denying all my sister’s motions from the first day of her divorce case. The judge completely disregarded all the physical and mental abuse incidents that my sister filed with the court. She ignored the initial CPS results which were in favor of my sister, allowed a second CPS to be conducted for no valid reason and the results were found to be in favor of her husband. Next, this judge screwed her again by not allowing her Dental Assistant work hours be considered full time and didn’t verify the financial documents/statements that her husband submitted were inaccurate and false. Her judgement was $25 a month for child support, even though her husband makes about $2000.00 more per month. That number should have been $100 to $125 per month. My sister did win the motion to allow her son to play sports but when it came time for the father to take his son to his games and practices he chose not to. Finally, my sister decided to file a motion for more child support and ended up with $100 but was denied on her motion for attorney fees. So her husband earns another victory. This judge has something against my sister because she is so emotionally distraught, weak, and abused that it made this judge pissed off. I suppose she doesn’t believe it’s possible for a man to abuse a woman mentally and physically to a point where they have no soul, dignity or self-worth left. One last point I have to make. The initial attorney my sister started her divorce with was apparently running to be one and didn’t want to upset or question any of her rulings, even though, he knew her husbands information was false and the financial records he submitted on behalf of my sister were transcribe in error (purposely I believe) that resulted in her only receiving $25 per month.
Can my sister do anything to this Magistrate, the court, or even her current lawyer who admitted in writing that my sister’s ex-husband played her and my sister with falsified financial documents and statements. In fact, her ex-husband has submitted harassment charges against her lawyer and that’s the only reason she really started pushing the Magistrate to question his financial statements and numbers. She in fact said they were all inflated on purpose so that my sister would not get more child support.
Where are the laws for innocent and naive victims who are at the mercy of inexperienced and/or heartless lawyers, and Magistrates who put their personally feelings in their ruling and who can’t smell a rat and manipulator like my sister’s ex-husband. I need some advice urgently because we only have 21 days to file a review for whatever that means.
Yvonne Espinosa – Crestivew, Florida

Magistrate Rebecca J. Moss was wildly unprofessional during my two experiences with her. I was given an option of keeping my restraining order OR never letting my child’s father see him again. Unfortunately, I made the wrong decision and I let it go, because NEVER was crazy. She then proceeded to grant the non-restrained party now weekends with our son who was only a year and a half. He did not even know who his father was and, the day dad came to pick him up was the worst day of my life and incredibly traumatic for both myself and my son. His father literally had to rip him off of me as I stood there with my arms out letting him go. All I could do is keep telling my baby it was okay and I’d see him soon and mama loved him. He screamed as far as I could hear the car drive away. How, in any world, is this the best interest for a child? I can only imagine my child felt abandoned by me as well as kidnapped by the other party.

Rebecca J. Moss spend most of our court hearings yelling at me. She obviously didn’t believe or like me and she absolutely had no concern for my child’s safety or well-being.

I don’t like the system either.
They are best friends with each other.
If one don’t like you they make deals upon their welds.
How do you give The Shooter 38yrs
Give the accomplice life w/out parole. Especially if he was a huvie? The Shooter was of age?
Now the shooter which had a record past the floor. Has gotten out & put back after doing 22 yrs. There were like
6 defendants. 2 juveniles got life without parole. While the gun hikers were slapped on the hand. Which were adults. 40 yrs. Old. They got probation for hiding the gun.
Then they were prosecuted before trial cause the D.A.
Sat on television saying WE are making an EXAMPLE OUT OF THEM! Was that fair justice. Now my son is still fighting to get out before he does in there.

Becky Moss was so unprofessional during my hearing. She sat up at her podium rolling her eyes the entire time. She laughed at people. She took word over evidence. She is obviously a scorned woman who has been through her own hardship in her life. She spoke down to the lawyers and ruled on pure hearsay! I could not believe my eyes.
Not trying to be mean, but her haircut is terrible and she did not represent the courtroom in a positive matter. Very sad that angry, irritable, immature adults are selected for judges. I feel sorry for the man married to her! If there is one…..

Magistrate Beth Elliot Dumler of Douglas County has an established reputation for arrogance and buying into deadbeat dads” cons, believing his most outrageous and absurd stories faulting a mother who is actually above reproach and raising their “three excellent children” (Mag. Dumler’s words) during their 20 marriages’. Mother provides mega evidence and is extremely honest, while Dad lies and does whatever it takes to get what he wans. He abandoned the family with no incomes’, no assets, and over $100,000 in bad debts, plus already bankrupt credit and a critically ill mother to support and care for the entire family. While struggling through 4 surgeries during the next 2 years, dad continually Did Not show up for promised, scheduled, and even Ordered Parenting Time. Mag. Dumler blamed mother, accusing mother of turning the children against dad. Dumler Ordered Dad to do nine different things (get health insurance, pay support, buy family car,attend therapy, show up for Parenting Time, Mediate or pay $5,000 attorney fee to mother, etc.,etc.) of which he did NONE. Dad has been noncompliant to every Order during six Hearings/Trials. Dumler did nothing, even when found Guilty. Dad”s latest sickly abjured claim ‘Mother did not have CARCINOMA’ and Dumler believed Dad and required mother to provide proof, as if 4 surgeries and loosing both breasts was not enough. Mother sent doctor’s records and Dumler said she could not read it. Dad and Dumler seem to be two of a kind. Dumler has a reputation for not looking at evidence and being easily conned by despicable Dads without any evidence. All women should be aware “You do not have to accept a Magistrate handling your divorce – ask for a Judge – she’ll tell you it will take a year to get into court, but it will take less time to actually get realistic decisions and justice served with an experienced Judge who is far less likely to be fooled by a con artist.

Rural Colorado judges are far too often over looked because the populace of those counties is scarce and most do not understand any judicial process at all. Well I do and I’d like to call attention to Chief Judge Michael Singer in the 13th JD- Sterling, Co.

This judge is lazy, incompetent and held accountable to no one. He’s so lazy, he brought in a RETIRED judge to hear my case this past week. 16CV12. Strictly a hearing case to say yes or not to appointing a special prosecutor over my case because the DA refused to prosecute a cop that assaulted me in that courthouse over a year ago- over my cell phone. After filing, I waited 5 months to get a hearing for in a judicial district. They played multiple games. The clerk tried to dismiss my case, without a hearing ever being held AFTER I paid a $224 filing fee. She tried to dismiss the case AFTER this lazy chief judge assigned a different judge to the case, who used canon rules to recuse himself from the case citing: conflict of interest. These people are a joke.

So what happened after multiple filings, game playing and in person demands made by me? They brought in a retired judge by the name of: MS. DINSMORE TUTTLE, held accountable to no one as a retired judge. A new little common tactic occurring more and more often in our courts here in CO. They scheduled a 2 hour hearing and the order stated my evidence in my sworn affidavit would be heard. Well imagine a judge making up the rules as they go along. The hearing lasted 26 minutes, the judge said she would not consider ANY evidence allowing oral statements only, the DA lied, the judge said sounds good to me, case dismissed. When I asked why she wouldn’t allow evidence, the CLEAR AND CONVINCING VIDEO EVIDENCE IN MY POSSESSION that shows a cop assaulting me over my refusal to not take my cell phone (protected activity under the 1st amendment) out of the building due to their arbitrary “rules” made up that cell phones were not allowed in the courthouse at the time….her response in summary: I don’t have to. The woman is hack job for lazy judges who don’t want to have to show their faces day after day. They planted her there to do exactly what she did in 26 minutes and who knows how much she was paid as a “retired” judge in order to behave like the same mafia that police are, collect her pay and go home.

Oh yes, but now, there’s an order on file in that judicial district: Cell phones are allowed and have been shortly after this event. Go figure. They knew they were busting the bounds of their constitutional authority, so for whatever reason, that justifies and makes it legal for cops to physically assault citizens who stand their ground.

I have seen the family Court in Douglas County fail immensely by Judge Michael J. Spear. He does not care about what Colorado Law says, very biased against fathers and even more so against those who potentially have or had a criminal record. He typically sides with the prosecution. Very disappointed in how this judge has conducted himself. You can even tell he didn’t even read half the paperwork filed. He SHOULD NOT BE RETAINED!

I have been battling a continual legal battle against the CORRUPT case 14CR1456 where I was wrongfully convicted of two counts of Aggravated Auto Theft, 1 count of false reporting, (Didn’t report a DAMNED thing!) among other charges, which I NEVER actually DID! the Judge in the case (Corrupt) Judge Thomas Kelly Kane, The Corrupt District Attorney assistants, and they used a stacked and TAINTED jury that came in with a “PRECONCEPTION of guilt” illuminating their tainting……and when one came forward, they immediately dismissed that ONE juror when the judge’s DUTY was to dismiss the entire jury and start another jury OR dismiss the entire CASE!https://www.publicintegrity.org/2012/03/19/18160/colorado-gets-d-grade-2012-state-integrity-investigation
I HAVE alerted the judicial disciplinary committee and they refuse to investigate! (The Corruption reaches within that agency as well!)
Then I alerted the Denver Branch of the FBI Corruption hotline and they ALSO have publicly refused to investigate my case which SO BOLDLY contains the BOLD CORRUPTION of my case and the witness list nearly matches that of a prior case I have against me from 2007/2008! BOTH cases need to be dismissed IMMEDIATELY and promptly!
STILL think that El Paso Count and Teller Counties are NOT corrupt? I call BULLSHIT! My case is PROOF! I have ALL copies of ALL files except the Jury list! TIME to do a Judicial SYSTEM CLEAN-OUT ASAP! There was ZERO connection to ME or the alleged vehicles, the tesimony of a Corrupt COP regarding the Estimated Value of the alleged vehicles was improper, TOO many items within this case are ALL probable causes for my case to be dismissed yet…it hasn’t been!

The 18th District Court, especially the family court division, is a complete mess with negligence, efficiencies and a lack of accountability for any of the Judges and clerks. I have experienced the following in 3 cases:
- Judges / Magistrates that lose their notes and documents and have to postpone orders hearings as a result.
- Judges / Magistrates do not make a decision on court appointments for over 8 months.
- Clerks send information to address that are not on filing documents nor the updated address with the court.
- Judges / Magistrates constantly reschedule / push off conferences and hearings resulting in financial impacts and emotional challenges to parties and children.
- Judges / Magistrates have biased agendas without consideration to impacts
- Judges / Magistrates continue to push attorneys and other legal professionals forcing individuals to pay for services that really are not required.
- Judges / Magistrates dismiss contempt actions when there is incompetence from their appointed persons and their own deliberate ignorance of the facts shared.

Bottom line is these Judges, Magistrates, attorneys and clerks cant do their jobs and do not have any repercussions when they are negligent or incompetent. The family court system should be about the best interest of the children. The reality is that the courts don’t care about how the children are impacted.

I got a good does of injustice and bias from two local judges that would not even hear my two cases becuase they hide behind Rule 120 in Colorado and automatically deny standing to any property owners becuase they accept heresy evidence from nasty lenders like Bank of America and the crooked lawfirm of Janeway Law that was allegedly fined $650,000 for it unfair practices and overcharging in Colorado. I have actual evidence of this and how they completed a wrongful foreclosure on one property with phony, fabricated, forged documents that even had known “robosigned” documents my Michele Sjolander who have a deposition that is on the Internet about people like B of A using her name in stamped documents. Now they are at it again on another property with another robosigner and with Urban Settlement Services allegedly action as B of A’s “attorney in fact”. Martha Munoz claims to be a vice president of MERS and MERS never had officers to my best understanding. We the people getting the shaft by local judges and even state legislators. Check out the ruling in Colorado on August 15, 2016 in the George et al. V. Urban Settlement Services and Bank of America for racketeering. B of A should not be allowed to enter court rooms with clean hands for ALL the BILLIONS of fine, penalties and lawsuits. Really sad.

Magistrate Rebecca Moss 2016/2017: This magistrate needs to be removed from the bench. I urge anyone who has had a bad ruling, which there are many of us to be sure, to file a formal complaint with the Office of Attorney Regulation (as she is not a judge, the Colorado Commission on Judicial Discipline does not have jurisdiction.) I concur with the comment above about the unprofessional hair, which does not show proper decorum in a courtroom where life-changing decisions are made. I further concur with the comment above about her wildly unprofessional manner–she actually laughed out loud, and very loudly, during my hearing when I was describing the symptoms of my psychiatric condition. This magistrate financially devastated me and did not follow the statutory law but relied almost exclusively on statutory law (in a divorce case, no less), which is an indicator that the law was not followed. I am filing my complaint with every proper authority and post haste in order to get this serious matter known and to recommend immediate removal of this unprofessional and dubious “judge.” What a horrible representation of Lady Justice.

Do we really believe our evaluations and experience matter to the organization requesting or input? What are they looking for here? Do we believe they will take note of the common theme beginning to pan out within this thread of accumulated insight offered by the dozens of victims losing their lives to Colorado’s promotion of violence against woman? How many here know that Colorado was recently recognized for its failure to effectively uphold the rights of women and children clearly at risk of lethal domestic violence and actively suffering abuse and victimization Facilitated by the courts and law enforcement in this state? How many here know that the courts and law enforcement in our state acted so indifferent to Jessica Lennehans need for protection of her children AS WELL AS the eventual loss of her 3daughters to murder, when the state refused to help her save them, that our entire nation fell under world wide
scrutiny? Colorado was ORDERED to put forth active effort to erradicate all forms of violence against women and emphasis was placed on state actors who promote and facilitate continued violence. But here we are, 2years later and this state still fails to protect its women and children and still participates as the extension of the abusers fist.. what I see here is a collection of testimony to the continued promotion of violence against women within this state. Our state courts are crippled by discrimination against women and it has become an epidemic. Shame on you Colorado for your continued disregard of your illness.

07/10/2017.
Ninth Judicial District , Judge Denise Lynch.If you are Hispanic, do not get her in your case.Judge Lynch does not know the laws, is lazy, does not do her homework on her cases and hates to deal with Hispanic people.My case has been in court for over five years with every single request being denied by her.She allowed mi ex to have parenting time with my daughter ,when he was actually fired from his work for sexual harassment.How do we protect our children against such things? Please, do not vote Ms Lynch , she does not protect our children.

I feel Magistrate overstepped her bounds and was completely unprofessional during post-decree hearing on 17 April. During this hearing, there were a number of issues by her:
1. My ex claimed to quit her $75k job and start a $25k job due to hostile work environment. No evidence was presented to that fact but Moss felt my ex was credible. How does one prove that a hostile work environment does not exist? Should there be evidence of the claim ie a formal complaint or resignation letter? She increased the child support stating that my ex was not under employed.
2. Moss laughed and joked with my ex on her new job stating how fun that would be.
3. My ex stated that her family was meeting financial demands yet Moss awarded additional child support.
4. Moss halted my attorney from continuing to ask questions regarding the employment.
5. Moss did not allow me to rebuke any previous testimony.
6. Moss could not understand that when the parenting time schedule changes, that there is a impact to the previous holiday schedule. She changed the parenting schedule to take away more holidays from me.
7. While on the stand, Moss allowed my ex to text her spouse and send in additional financial documents as what my ex filed was over a year old.
In my opinion, Moss did not follow Colorado Rules for Civil Procedure. My attorney was dumbfounded by her actions, quite literally. My attorney that another case the following day with her went the same way.
Please vote her off and provide a distinct complaint each time. Without the voice of the people, we will not be able to rid America of the pestilence that has infested our Judicial System